KS board should use ‘caution’ in investigating doctors over ivermectin, lawmakers say
Kansas lawmakers are urging the state board that licenses doctors to proceed with “caution” when investigating prescriptions for ivermectin and other unproven COVID-19 treatments, as the board confirmed 50 inquiries related to the virus had been opened.
The House Appropriations Committee adopted an amendment Monday intended to serve as a warning to the state Board of Healing Arts if it looks into physicians who have treated conditions using drugs “off-label,” meaning they are not approved by the Food and Drug Administration for those specific illnesses.
Some Republicans want to create a chilling effect on the board as interest has surged in using ivermectin, an anti-parasite medication, to treat COVID-19. The effort comes as Sen. Mark Steffen, a Hutchinson Republican and physician, says he is under investigation by the board and has prescribed ivermectin.
Last week, a House budget subcommittee recommended defunding investigations into off-label drug use. The House Appropriations Committee swapped that proposal for the “caution” warning, a way of watering down the measure while still keeping the board in its sights.
The possibility of effectively canceling investigations remains far from dead, however. The full House could amend the budget to defund such inquiries. A Senate committee is also expected to debate a bill Tuesday that would review disciplinary actions taken against doctors over prescriptions of unproven COVID-19 treatment and bar any further action for those complaints.
The bill would also require pharmacists to fill prescriptions for ivermectin.
“Early treatment for COVID has been intentionally kept from the people of the state of Kansas, and all that’s done has led to increased suffering and death,” Steffen said.
The proposals have generated concerns among the medical community, however. While physicians regularly prescribe medications for off-label uses, they are still expected to adhere to a standard of care — or what competent doctors in similar circumstances would generally do.
“I think that there is appropriate concern that physicians ought to be able to prescribe off-label, which they can. No state or federal law restricts that. But we need to make sure that the Board of Healing Arts continues to make sure standard of care is met for all patients,” said Rachelle Colombo, director of the Kansas Medical Society, which represents physicians.
Exactly how extensive prescriptions for ivermectin are in Kansas, and how aggressively the Board of Healing Arts is scrutinizing doctors, is uncertain. Rep. Susan Humphries, a Wichita Republican, told the House Appropriations Committee that as of two weeks ago, the board had 80 investigations related to COVID-19.
“I’m not saying they all had to do with off-label prescription of ivermectin. But there are – those are ongoing right now,” Humphries said.
Susan Gile, the board’s acting director, said in an email Monday that 50 investigations had been opened related to COVID-19. Of those, only 32 are currently open. The board has 559 investigations open in total.
In an earlier email, Gile emphasized the board is a complaint-based agency that takes grievances from anyone.
“Prescribing FDA approved drugs off-label is not uncommon; however just as with any practice, it is important the Board have legal authority to investigate and take action when necessary to protect Kansans when such practice is beyond what a reasonable physician would have done under the same or similar circumstance (i.e. the standard of care),” Gile said in a statement.
Humphries said the interest in the board wasn’t about the investigation of Steffen. Rep. Jesse Burris, a Mulvane Republican who originally proposed defunding investigations, has said his proposal was based on Steffen’s situation, however.
Humphries then referenced a complaint to the board that is in the possession of Rep. Stephen Owens, a Hesston Republican.
“The gist of it was one doctor was complaining about another doctor prescribing ivermectin … the accusations were, I’ve called them over the top, the accusations were this off-label prescription could result in death,” Humphries said.
Owens told The Star the complaint isn’t regarding Steffen. He said the complaint, which has the names redacted, is proof that complaints such as this should be addressed.
A redacted copy of the complaint provided by Owens says a doctor has been prescribing ivermectin despite not having a physician-patient relationship. “This has endangered lives and potentially caused deaths by delaying care for people in this area,” the complaint reads.
Owens also provided a letter from the Board of Healing Arts to the physician. The full date of the letter is redacted, but it is from January 2022. It asks for information about patients the doctor has prescribed ivermectin for and asks for the doctor’s views on COVID-19 vaccination.
Even as they looked for ways to get the attention of the Board of Healing Arts, most Republicans on the House Appropriations Committee appeared concerned Monday with the prospect of defunding investigations outright, voicing objections centered on legislative procedure and unintended consequences.
Rep. Troy Waymaster, a Bunker Hill Republican, said it would be “very problematic” to keep the proposal in the budget. The budget process isn’t the place for policy decisions, he said.
The committee ultimately agreed to urge the Board of Healing Arts to “proceed with caution” in investigating off-label prescriptions.
Rep. Brenda Landwehr, a Wichita Republican, said she had taken part in discussions with the Kansas Board of Pharmacy and that the board has a case “where they’re concerned with a physician” who had prescribed more than the average daily dose of ivermectin. The Board of Pharmacy didn’t immediately respond to a request for comment.
Landwehr, echoing others, said doctors have the authority to prescribe drugs off-label.
“I think that there’s just a lot of misinformation on this issue out there,” Landwehr said. “I would hate for us to make it a bigger issue … than what it actually is today.”
This story was originally published February 7, 2022 at 1:52 PM.
